People v. Adams

987 N.E.2d 272 (2013)

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Nature of the Case

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Facts

A Judge, accused D, her neighbor, and ex-paramour, of committing a crime by sending her three offensive text messages by cell phone earlier that day. The messages were vulgar and personal in nature and unrelated to judicial duties. D was charged with two misdemeanor counts of aggravated harassment in the second degree. All the area Court Judges recused themselves from the case. A Monroe County Court Judge presided over the arraignment. No plea bargain could be reached. The Public Defender filed an omnibus motion including a request that the Monroe County District Attorney be disqualified 'on the grounds of actual prejudice and the existence of a conflict of interest' and that a special prosecutor be appointed. The motion also requested the assignment of new defense counsel, on the basis of the conflicting duties of the Public Defender to cross-examine complainant vigorously and to represent indigent clients seeking favorable treatment from her in City Court. City Court granted the request for the assignment of new defense counsel. D's motion to disqualify the Monroe County District Attorney's office and for appointment of a special prosecutor, pursuant to County Law § 701 (1), was denied. The new defense counsel was told that, while in most cases a plea of 40 hours of community service would be an adequate resolution, he was rejecting the offer 'due to the position of the victim.' Defense counsel then spoke with complainant herself, who told him that she was 'not willing to reduce the charges' and 'wanted to go to trial.' No plea offers were extended to D. D renewed his disqualification motion; by giving undue weight to the wishes of the victim in screening their case, the District Attorney's office is no longer acting as a fair and impartial official. D claimed the District Attorney's office was forced to be an advocate for her, … beyond what they would normally do were she, not a judge. The District Attorney's office did not specifically rebut the allegation that it consistently offered to accept pleas to a reduced charge in comparable cases. The Court denied D's motion for the appointment of a special prosecutor. D was convicted of one count of aggravated harassment in the second degree. D was sentenced to time served and a one-year conditional discharge; an order of protection was filed. D appealed.